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North Carolina Overtime Pay Law

Filed under Office & HR.

Employers in North Carolina must conform with these state rules regarding overtime pay for employees.

In North Carolina, one and one-half times the regular rate of pay must be paid after 40 hours of work in a workweek (after 45 hours for employees of seasonal amusement or recreational establishments).

Exemptions From the General Overtime Provision

The state overtime provisions do not apply to employees in an enterprise engaged in commerce or in the production of goods for commerce as defined in the federal Fair Labor Standards Act (FLSA).

The following employees are exempt from the overtime pay standard:

  • employees exempt from the state minimum wage
  • bona fide administrative, executive, or professional employees
  • outside salespersons
  • learners, apprentices, students or handicapped workers
  • domestics, including baby sitters and companions
  • models, actors and performers
  • computer systems analysts, computer programmers, software engineers, or other similarly skilled workers
  • drivers, drivers' helpers, loaders and mechanics
  • taxicab drivers
  • seamen, railroad workers and airline employees
  • vehicle salespersons and mechanics
  • salespersons for trailer, boat and aircraft dealers
  • child care workers or other live-in employees in homes for dependent children
  • radio and television announcers
  • volunteer firefighters and volunteer rescue and emergency medical services personnel in an incorporated, nonprofit volunteer or community fire department or an incorporated, nonprofit rescue squad

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